scholarly journals Comparative Law Beyond Post-Modernism

2000 ◽  
Vol 49 (4) ◽  
pp. 800-834 ◽  
Author(s):  
Anne Peters ◽  
Heiner Schwenke
Keyword(s):  
Comparative Law ◽  
Global Scale ◽  
Legal Order ◽  
New Approach ◽  
Legal Standards ◽  
Post Modernism ◽  
Technical Function ◽  
Global Law ◽  
Different Cultures ◽  
Economic Globalisation

The legal version of post-modernism has not failed to challenge comparative law. It points out that, traditionally, comparatists have participated in a project of objectivity, universalism and neutrality of law, of which the “new” approach to comparative law is altogether sceptical.1 In the era of globalisation, both the discipline and its critique have gained relevance. What the transition of post-socialist countries and the unification of Europe have effected regionally, globalisation now accomplishes on a global scale: it creates desires for harmonisation and, as a pre-requisite, legal comparison. However, not only the technical function of comparative law is needed, but also its critical potential. In the process of globalisation, different legal systems and different cultures are confronted with each other and must interact. This provokes new questions about the options and limits of comparative law and legal unification, regarding, for instance, the applicability of specific moral and legal standards to other cultures by comparatists and law-makers. These questions are all the more pressing as we begin to realise that governing globalisation, in particular economic globalisation, with the help of global law perhaps requires a concept of a global legal order which is based on a “global legal pluralism”.2

The ECtHR, transregional dialogues and global constitutionalism

2020 ◽  
Vol 9 (3) ◽  
pp. 543-551
Author(s):  
WAYNE SANDHOLTZ
Keyword(s):  
Human Rights ◽  
Legal Order ◽  
Level System ◽  
Global Order ◽  
European Court ◽  
Human Rights Treaties ◽  
Global Constitutionalism ◽  
Multi Level ◽  
Global Law ◽  
Decentralized Mechanism

AbstractIn A Cosmopolitan Legal Order, Stone Sweet and Ryan suggest that ‘from the standpoint of global law, we see that the [European Court of Human Rights] has taken its place in a pluralist, rights-based international order, as one trustee of this global order’. This article is a preliminary attempt to evaluate signs of movement toward global rights review. A multi-level charter of rights exists in the network of international and regional human rights treaties and in national constitutions. An incipient structure of global rights review exists in the form of the regional human rights courts, which see themselves as trustees of the larger global human rights system. Judicial dialogue among the regional courts allows for informal, decentralized coordination among them. The European Court of Human Rights serves as a point of reference for the African and Inter-American systems, though these also cite each other. Transregional judicial dialogue establishes a rudimentary, informal and decentralized mechanism of coordination among bodies that exercise a review function in the multi-level system of international human rights.

Coercive Persuasion As a Specific Type of Violence in Criminal Law

2020 ◽  
Vol 1 (1) ◽  
pp. 61-72
Author(s):  
Carlos Bardavío Antón
Keyword(s):  
Criminal Law ◽  
Comparative Law ◽  
Third Parties ◽  
Physical Injury ◽  
Comprehensive Understanding ◽  
Legal Doctrine ◽  
New Approach ◽  
Freedom Of Will ◽  
Definition Of ◽  
Regulatory Problems

The field of cults, and that of destructive or coercive cults in particular, has received little attention from the perspective of criminal law doctrine. Supporters of such groups often claim to be victims of a violation related to freedom of will. In this article, I consider various methodologies and manipulation techniques used by such groups and suggest that comparative law, criminal definitions, and regulatory problems provide the basis for a more comprehensive understanding of criminal phenomenology that includes these concerns: the loss of freedom through coercive persuasion, and thus being the victim of a crime, or through becoming an instrument for the commission of crimes ordered by third parties. Research shows that the conventional definition of crime against freedom of will and physical injury is inadequate. I posit that a new approach to legal doctrine and criminal classification is required to fight against new crime phenomenology. I propose a criminal classification aimed at considering coercive persuasion as a crime, and a definition for the criminalization of certain organizations that engage in willful misconduct or reckless conduct.

China’s forthcoming digital currency: implications for foreign companies and financial institutions in China

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Betty L. Louie ◽  
Martha Wang
Keyword(s):  
Financial Institutions ◽  
Private Equity ◽  
Global Scale ◽  
Mobile App ◽  
International Banking ◽  
Strategic Investment ◽  
Content Type ◽  
Foreign Companies ◽  
Legal Standards ◽  
Digital Currency

Purpose To answer key questions about China’s forthcoming digital currency, the Digital Currency Electronic Payment (DCEP) or “digital yuan.” Design/methodology/approach Discusses prospective legal standards and guidelines; expected features compared with traditional payment methods and other digital currencies; how DCEP works; status of pilot programs; use of DCEP for cross-border payments; transparency, data protection and cybersecurity issues; and key implications for foreign businesses and financial institutions in China. Findings When DCEP is officially launched in China, there is little doubt that the population can easily adapt to its use. The launch of DCEP can have significant ramifications on a global scale, as it could reduce China’s reliance on the SWIFT system for international banking and offers the first glimpse of the internationalization of the renminbi (RMB). Practical implications Foreign companies operating in China, hi-tech businesses, retailers, financial institutions, and mobile app developers need to track the development and acceptance of DCEP, monitor arising risks, assess how their financial products fit, and adjust business operations, reporting requirements and financial reserves related to the requirements and use of DCEP, expected growth in fintech surrounding digital currencies. Originality/value Practical advice from experienced mergers and acquisitions, private equity, strategic investment and capital markets lawyers.

Advanced Introduction to Comparative Legal Methods

2021 ◽  
Author(s):  
Pier Giuseppe Monateri
Keyword(s):  
Critical Analysis ◽  
Multidisciplinary Approach ◽  
Comparative Law ◽  
Law And Finance ◽  
Legal Studies ◽  
Global Law

Drawing on historical, normative, theoretical, and economic methodologies, Pier Giuseppe Monateri offers a fresh critical analysis of various dimensions of comparative law methods. Comprehensive and engaging with a multidisciplinary approach, this Advanced Introduction spans the fields of comparative legal studies, law and finance and global law.

5. The Internationalization of Public Law and its Impact on the UK

2019 ◽  
pp. 121-154
Author(s):  
David Feldman
Keyword(s):  
Public Law ◽  
Legal Order ◽  
Democratic Accountability ◽  
The Public ◽  
Legal Standards ◽  
System A ◽  
National Values ◽  
Political Theories ◽  
The World ◽  
The Uk

Municipal public law (by which is meant the public law of national or sub-national polities, including but not limited to local government) is always influenced by events taking place elsewhere in the world and the activities and norms of other polities. For example, the existence of a state depends at least partly on its recognition by other states, and political theories and legal ideas have always flowed across and between regions of the world even if they provoked opposition rather than adoption or adaptation. Yet despite, or perhaps because of, this, any state has good reasons for controlling the introduction of foreign legal and constitutional norms to its own legal order. It is important to check that the norms are compatible with one’s own national values and interests before allowing them to operate within one’s own system. A state which values a commitment to the rule of law, human rights, or democratic accountability is entitled to place national controls over potentially disruptive foreign influences. This chapter considers the nature and legitimacy of those national controls, particularly as they apply in the UK, in the light of general public law standards, bearing in mind that influences operate in both directions, not only between states but also between municipal legal standards and public international law.

Feasibility of ‘Covering Values’ in Transnational Commercial Law: Article 79 of the cisg and the ‘Impediment’

2016 ◽  
Vol 5 (2) ◽  
pp. 183-207
Author(s):  
Akshay Shreedhar
Keyword(s):  
International Trade ◽  
Comparative Law ◽  
Commercial Law ◽  
Legal Norms ◽  
Common Values ◽  
Cross Border ◽  
Neutral Term ◽  
Force Majeure ◽  
The World ◽  
Different Cultures

The coming together of the world, through globalization, international trade and cross border sales has led to an inevitable interaction between different cultures and different laws. Transnational commercial law has seen numerous instruments created to impose a ‘neutral’ set of norms on two contracting parties. The process of formation of such instruments is most certainly an exercise in comparative law influenced by the notions of pluralism, whereby different legal norms are compared. As such, this comparison, like most comparisons in comparative law, endeavours to find common values in varying concepts. Yet, it ignores the fundamental flaws inherent in such a comparison. The resulting ‘covering value’ is seemingly neutral, and yet travels beyond its intended scope. This paper will present an example of the classic ‘force majeure’ defence to contractual breaches, in transnational commercial law, and how its neutral term ‘impediment’ is evidence of the practical non feasibility of ‘covering values’.

scholarly journals Legal Order and the ‘Globality’ of Global Law

2012 ◽  
Vol 17 (2) ◽  
pp. 168-176 ◽  
Author(s):  
Hans Lindahl
Keyword(s):  
Legal Order ◽  
Global Law
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